42 U.S.C. § 16238 — Solar energy research and development

Page 8815 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16238 (i) other Department activities, includ- ing those carried out by the Office of Science; (ii) the Director of the National Insti- tute of Standards and Technology; (iii) the Administrator of the Environ- mental Protection Agency; (iv) the Secretary of the Interior; and (v) relevant industry stakeholders, as de- termined by the Secretary. (6) Wind energy program strategic vision (A) In general Not later than September 1, 2022, and every 6 years thereafter, the Secretary shall submit to Congress a report on the strategic vision, progress, goals, and targets of the program, including assessments of wind en- ergy markets and manufacturing. (B) Preparation The Secretary shall coordinate the prepa- ration of the report under subparagraph (A) with— (i) existing peer review processes; (ii) studies conducted by the National Laboratories; and (iii) the multiyear program planning re- quired under section 16358 of this title. (7) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $125,000,000 for each of fiscal years 2021 through 2025. (Pub. L. 116–260, div. Z, title III, § 3003, Dec. 27, 2020, 134 Stat. 2497.) Editorial Notes CODIFICATION Section was enacted as part of the Energy Act of 2020, and not as part of the Energy Policy Act of 2005 which comprises this chapter. Statutory Notes and Related Subsidiaries APPLICATION Pub. L. 116–260, div. Z, title IX, § 9006(b), Dec. 27, 2020, 134 Stat. 2600, provided that: ‘‘The provisions of section 602 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3212) shall apply with respect to con- struction, alteration, or repair work of demonstration projects funded by grants or contracts authorized under sections 3001 [enacting part C of subchapter V of chap- ter 152 of this title], 3003 [enacting this section], 3004 [enacting section 16238 of this title], 5001 [enacting sec- tion 16298d of this title], and 8007 [enacting section 17389 of this title] and the amendments made by such sections.’’ § 16238. Solar energy research and development (a) Definitions In this section: (1) Critical material The term ‘‘critical material’’ has the mean- ing given the term in section 1606 of title 30. (2) Economically distressed area The term ‘‘economically distressed area’’ means an area described in section 3161(a) of this title. (3) Eligible entity The term ‘‘eligible entity’’ means— (A) an institution of higher education, in- cluding a minority-serving institution; (B) a National Laboratory; (C) a Federal research agency; (D) a State research agency; (E) a research agency associated with a territory or freely associated state; (F) a Tribal energy development organiza- tion; (G) an Indian Tribe; (H) a Tribal organization; (I) a Native Hawaiian community-based organization; (J) a nonprofit research organization; (K) an industrial entity; (L) any other entity, as determined by the Secretary; and (M) a consortium of 2 or more entities de- scribed in subparagraphs (A) through (L). (4) Indian Tribe The term ‘‘Indian Tribe’’ has the meaning given the term in section 5304 of title 25. (5) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given the term in section 1001 of title 20. (6) Mine land The term ‘‘mine land’’ means— (A) land subject to titles IV and V of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.; 30 U.S.C. 1251 et seq.); and (B) land that has been claimed or patented subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the ‘‘Mining Law of 1872’’) (30 U.S.C. 22 et seq.). (7) Minority-serving institution The term ‘‘minority-serving institution’’ has the meaning given the term ‘‘eligible institu- tion’’ in section 1067q(a) of title 20. (8) National Laboratory The term ‘‘National Laboratory’’ has the meaning given such term in section 15801(3) of this title. (9) Native Hawaiian community-based organi- zation The term ‘‘Native Hawaiian community- based organization’’ has the meaning given the term in section 7517 of title 20. (10) Photovoltaic device The term ‘‘photovoltaic device’’ means— (A) a device that converts light directly into electricity through a solid-state, semi- conductor process; (B) the photovoltaic cells of a device de- scribed in subparagraph (A); and (C) the electronic and electrical compo- nents of a device described in subparagraph (A). (11) Program The term ‘‘program’’ means the program es- tablished under subsection (b)(1)(A). (12) Secretary The term ‘‘Secretary’’ means the Secretary of Energy. Page 8816 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16238 (13) Solar energy The term ‘‘solar energy’’ means— (A) thermal or electric energy derived from radiation from the Sun; or (B) energy resulting from a chemical reac- tion caused by radiation recently originated in the Sun. (14) Territory or freely associated state The term ‘‘territory or freely associated state’’ has the meaning given the term ‘‘insu- lar area’’ in section 3103 of title 7. (15) Tribal energy development organization The term ‘‘Tribal energy development orga- nization’’ has the meaning given the term ‘‘tribal energy development organization’’ in section 3501 of title 25. (16) Tribal organization The term ‘‘Tribal organization’’ has the meaning given the term in section 5304 of title 25. (b) Solar energy technology program (1) Establishment (A) In general The Secretary shall establish a program to conduct research, development, demonstra- tion, and commercialization of solar energy technologies in accordance with this sub- section. (B) Purposes The purposes of the program are the fol- lowing: (i) To improve the energy efficiency, cost effectiveness, reliability, resilience, secu- rity, siting, integration, manufacturability, installation, decom- missioning, and recyclability of solar en- ergy technologies. (ii) To optimize the performance and op- eration of solar energy components, cells, and systems, and enabling technologies, including through the development of new materials, hardware, and software. (iii) To optimize the design and adapt- ability of solar energy systems to the broadest practical range of geographic and atmospheric conditions. (iv) To support the integration of solar energy technologies with the electric grid and complementary energy technologies. (v) To create and improve the conversion of solar energy to other useful forms of en- ergy or other products. (vi) To reduce the cost, risk, and other potential negative impacts across the life- span of solar energy technologies, includ- ing manufacturing, siting, permitting, in- stallation, operations, maintenance, de- commissioning, and recycling. (vii) To reduce and mitigate potential life cycle negative impacts of solar energy technologies on human communities, wild- life, and wildlife habitats. (viii) To address barriers to the commer- cialization and export of solar energy tech- nologies. (ix) To support the domestic solar indus- try, workforce, and supply chain. (C) Targets Not later than 180 days after December 27, 2020, the Secretary shall establish targets for the program to address near-term (up to 2 years), mid-term (up to 7 years), and long- term (up to 15 years) challenges to the ad- vancement of all types of solar energy sys- tems. (2) Activities (A) Types of activities In carrying out the program, the Secretary shall carry out research, development, dem- onstration, and commercialization activi- ties, including— (i) awarding grants and awards, on a competitive, merit-reviewed basis; (ii) performing precompetitive research and development; (iii) establishing or maintaining dem- onstration facilities and projects, includ- ing through stewardship of existing facili- ties; (iv) providing technical assistance; (v) entering into contracts and coopera- tive agreements; (vi) providing small business vouchers; (vii) establishing prize competitions; (viii) conducting education and outreach activities; (ix) conducting workforce development activities; and (x) conducting analyses, studies, and re- ports. (B) Subject areas The Secretary shall carry out research, de- velopment, demonstration, and commer- cialization activities in the following subject areas: (i) Advanced solar energy technologies of varying scale and power production, in- cluding— (I) new materials, components, de- signs, and systems, including perovskites, cadmium telluride, and or- ganic materials; (II) advanced photovoltaic and thin- film devices; (III) concentrated solar power; (IV) solar heating and cooling; and (V) enabling technologies for solar en- ergy systems, including hardware and software. (ii) Solar energy technology siting, per- formance, installation, operations, resil- ience, and security. (iii) Integration of solar energy tech- nologies with— (I) the electric grid, including trans- mission, distribution, microgrids, and distributed energy systems; (II) other energy technologies, includ- ing— (aa) other generation sources; (bb) demand response technologies; and (cc) energy storage technologies; and (III) other applications, such as in the agriculture, transportation, buildings, industrial, and fuels sectors. Page 8817 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16238 (iv) Advanced solar energy manufac- turing technologies and practices, includ- ing materials, processes, and design. (v) Methods to improve the lifetime, maintenance, decommissioning, recycling, reuse, and sustainability of solar energy components and systems, including tech- nologies and strategies that reduce the use of energy, water, critical materials, and other commodities that are determined to be vulnerable to disruption. (vi) Solar energy forecasting, modeling, and atmospheric measurement systems, including for small-scale, large-scale, and aggregated systems. (vii) Integrated solar energy systems that incorporate diverse— (I) generation sources; (II) loads; and (III) storage technologies. (viii) Reducing market barriers, includ- ing nonhardware and information-based barriers, to the adoption of solar energy technologies, including impacts on, or challenges relating to— (I) distributed and community solar technologies, including the development of best practices, models, and voluntary streamlined processes for local siting and permitting of distributed solar en- ergy systems to reduce costs; (II) local communities, with special consideration given to economically dis- tressed areas, previously disturbed lands such as landfills and former mines, and other areas disproportionately impacted by environmental pollution; (III) wildlife and wildlife habitats; and (IV) any other appropriate matter, as determined by the Secretary. (ix) Transformational technologies for harnessing solar energy. (x) Other research areas that advance the purposes of the program, as deter- mined by the Secretary. (C) Prioritization In carrying out activities under the pro- gram, the Secretary shall, to the maximum extent practicable, give priority to projects that— (i) are located in a geographically di- verse range of eligible entities; (ii) support the development or dem- onstration of projects— (I) in economically distressed areas and areas disproportionately impacted by pollution; or (II) that provide the greatest potential to reduce energy costs, as well as pro- mote accessibility and community im- plementation of demonstrated tech- nologies; (iii) can be replicated in a variety of re- gions and climates; (iv) include business commercialization plans that have the potential for— (I) domestic manufacturing and pro- duction of solar energy technologies; or (II) exports of solar energy tech- nologies; (v) are carried out in collaboration with Tribal energy development organizations, Indian Tribes, Tribal organizations, Native Hawaiian community-based organizations, minority-serving institutions, or terri- tories or freely associated States; and (vi) with regards to workforce develop- ment, activities that expand the number of individuals from underrepresented groups pursuing and attaining skills relevant to solar energy. (D) Coordination To the maximum extent practicable, the Secretary shall coordinate activities under the program with other relevant programs and capabilities of the Department and other Federal research programs. (E) Use of funds To the extent that funding is not other- wise available through other Federal pro- grams or power purchase agreements, fund- ing awarded for demonstration projects may be used for additional nontechnology costs, as determined to be appropriate by the Sec- retary, such as engineering or feasibility studies. (F) Solicitation Not less than once every two years, the Secretary shall conduct a national solicita- tion for applications for demonstration projects under this section. (3) Advanced solar energy manufacturing ini- tiative (A) Grants In addition to the program activities de- scribed in paragraph (2), in carrying out the program, the Secretary shall award financial assistance to eligible entities for research, development, demonstration, and commer- cialization projects to advance new solar en- ergy manufacturing technologies and tech- niques. (B) Priority In awarding grants under subparagraph (A), to the extent practicable, the Secretary shall give priority to solar energy manufac- turing projects that— (i) increase efficiency and cost effective- ness in— (I) the manufacturing process; and (II) the use of resources, such as en- ergy, water, and critical materials; (ii) support domestic supply chains for materials and components; (iii) identify and incorporate nonhaz- ardous alternative materials for compo- nents and devices; (iv) operate in partnership with Tribal energy development organizations, Indian Tribes, Tribal organizations, Native Ha- waiian community-based organizations, minority-serving institutions, or terri- tories or freely associated states; or (v) are located in economically dis- tressed areas. (C) Evaluation Not later than 3 years after December 27, 2020, and every 4 years thereafter, the Sec- Page 8818 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16238 retary shall conduct, and make available to the public and the relevant committees of Congress, an independent review of the progress of the grants awarded under sub- paragraph (A). (4) Solar energy technology recycling research, development, and demonstration program (A) In general In addition to the program activities de- scribed in paragraph (2), in carrying out the program, the Secretary shall award financial assistance to eligible entities for research, development, demonstration, and commer- cialization projects to create innovative and practical approaches to increase the reuse and recycling of solar energy technologies, including— (i) by increasing the efficiency and cost effectiveness of the recovery of raw mate- rials from solar energy technology compo- nents and systems, including enabling technologies such as inverters; (ii) by minimizing potential environ- mental impacts from the recovery and dis- posal processes; (iii) by advancing technologies and proc- esses for the disassembly and recycling of solar energy devices; (iv) by developing alternative materials, designs, manufacturing processes, and other aspects of solar energy technologies and the disassembly and resource recovery process that enable efficient, cost effec- tive, and environmentally responsible dis- assembly of, and resource recovery from, solar energy technologies; and (v) strategies to increase consumer ac- ceptance of, and participation in, the recy- cling of photovoltaic devices. (B) Dissemination of results The Secretary shall make available to the public and the relevant committees of Con- gress the results of the projects carried out through financial assistance awarded under subparagraph (A), including— (i) development of best practices or training materials for use in the photovoltaics manufacturing, design, in- stallation, refurbishing, disposal, or recy- cling industries; (ii) dissemination at industry con- ferences; (iii) coordination with information dis- semination programs relating to recycling of electronic devices in general; (iv) demonstration projects; and (v) educational materials. (C) Priority In carrying out the activities authorized under this subsection, the Secretary shall give special consideration to projects that recover critical materials. (D) Sensitive information In carrying out the activities authorized under this subsection, the Secretary shall ensure proper security controls are in place to protect proprietary or sensitive informa- tion, as appropriate. (5) Solar energy technology materials physical property database (A) In general Not later than September 1, 2022, the Sec- retary shall establish a comprehensive phys- ical property database of materials for use in solar energy technologies, which shall identify the type, quantity, country of ori- gin, source, significant uses, projected avail- ability, and physical properties of materials used in solar energy technologies. (B) Coordination In establishing the database described in subparagraph (A), the Secretary shall co- ordinate with— (i) other Department activities, includ- ing those carried out by the Office of Science; (ii) the Director of the National Insti- tute of Standards and Technology; (iii) the Administrator of the Environ- mental Protection Agency; (iv) the Secretary of the Interior; and (v) relevant industry stakeholders, as de- termined by the Secretary. (6) Solar energy technology program strategic vision (A) In general Not later than September 1, 2022, and every 6 years thereafter, the Secretary shall submit to Congress a report on the strategic vision, progress, goals, and targets of the program, including assessments of solar en- ergy markets and manufacturing. (B) Inclusion As a part of the report described in sub- paragraph (A), the Secretary, in consulta- tion with the Secretary of the Interior and the Administrator of the Environmental Protection Agency for purposes of clause (iv), shall include a study that examines the viable market opportunities available for solar energy technology manufacturing in the United States, including— (i) a description of— (I) the ability to competitively manu- facture solar technology in the United States, including the manufacture of— (aa) new and advanced materials, such as cells made with new, high effi- ciency materials; (bb) solar module equipment and en- abling technologies, including smart inverters, sensors, and tracking equip- ment; and (cc) innovative solar module designs and applications, including those that can directly integrate with new and ex- isting buildings and other infrastruc- ture; and (II) opportunities and barriers within the United States and international solar energy technology market; (ii) policy recommendations for enhanc- ing solar energy technology manufac- turing in the United States; (iii) a 10-year target and plan to enhance the competitiveness of solar energy tech- Page 8819 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 16251 nology manufacturing in the United States; (iv) a description of the technical and economic viability of siting solar energy technologies on current and former mine land, including necessary interconnection and transmission siting and the impact on local job creation; and (v) any other research areas as deter- mined by the Secretary. (C) Preparation The Secretary shall coordinate the prepa- ration of the report under subparagraph (A) with— (i) existing peer review processes; (ii) studies conducted by the National Laboratories; and (iii) the multiyear program planning re- quired under section 16358 of this title. (7) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the program $300,000,000 for each of fiscal years 2021 through 2025. (Pub. L. 116–260, div. Z, title III, § 3004, Dec. 27, 2020, 134 Stat. 2504; Pub. L. 117–58, div. D, title III, § 40341, Nov. 15, 2021, 135 Stat. 1030.) Editorial Notes REFERENCES IN TEXT The Surface Mining Control and Reclamation Act of 1977, referred to in subsec. (a)(6)(A), is Pub. L. 95–87, Aug. 3, 1977, 91 Stat. 445. Titles IV and V of the Act are classified generally to subchapters IV (§ 1231 et seq.) and V (§ 1251 et seq.), respectively, of chapter 25 of Title 30, Mineral Lands and Mining. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1201 of Title 30 and Tables. The Mining Law of 1872, referred to in subsec. (a)(6)(B), is act May 10, 1872, ch. 152, 17 Stat. 91, which was incorporated into the Revised Statutes of 1878 as R.S. §§ 2319 to 2328, 2331, 2333 to 2337, and 2344, which are classified to sections 22 to 24, 26 to 28, 29, 30, 33 to 35, 37, 39 to 42, and 47 of Title 30, Mineral Lands and Min- ing. For complete classification of such Revised Stat- utes sections to the Code, see Tables. CODIFICATION Section was enacted as part of the Energy Act of 2020, and not as part of the Energy Policy Act of 2005 which comprises this chapter. AMENDMENTS 2021—Subsec. (a)(6) to (16). Pub. L. 117–58, § 40341(1), added par. (6) and redesignated former pars. (6) to (15) as (7) to (16), respectively. Subsec. (b)(6)(B). Pub. L. 117–58, § 40341(2)(A), inserted ‘‘, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protec- tion Agency for purposes of clause (iv),’’ after ‘‘the Sec- retary’’ in introductory provisions. Subsec. (b)(6)(B)(iv), (v). Pub. L. 117–58, § 40341(2)(B)–(D), added cl. (iv) and redesignated former cl. (iv) as (v). Statutory Notes and Related Subsidiaries WAGE RATE REQUIREMENTS For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including au- thority of Secretary of Labor, see section 18851 of this title. APPLICATION Provisions of section 3212 of this title applicable to construction, alteration, or repair work of demonstra- tion projects funded by grants or contracts authorized under this section, see section 9006(b) of div. Z of Pub. L. 116–260, set out as a note under section 16237 of this title. PART D—AGRICULTURAL BIOMASS RESEARCH AND DEVELOPMENT PROGRAMS § 16251. Production incentives for cellulosic biofuels (a) Purpose The purpose of this section is to— (1) accelerate deployment and commer- cialization of biofuels; (2) deliver the first 1,000,000,000 gallons in an- nual cellulosic biofuels production by 2015; (3) ensure biofuels produced after 2015 are cost competitive with gasoline and diesel; and (4) ensure that small feedstock producers and rural small businesses are full partici- pants in the development of the cellulosic biofuels industry. (b) Definitions In this section: (1) Cellulosic biofuels The term ‘‘cellulosic biofuels’’ means any fuel that is produced from cellulosic feed- stocks. (2) Eligible entity The term ‘‘eligible entity’’ means a producer of fuel from cellulosic biofuels the production facility of which— (A) is located in the United States; (B) meets all applicable Federal and State permitting requirements; and (C) meets any financial criteria estab- lished by the Secretary. (c) Program (1) Establishment The Secretary, in consultation with the Sec- retary of Agriculture, the Secretary of De- fense, and the Administrator of the Environ- mental Protection Agency, shall establish an incentive program for the production of cel- lulosic biofuels. (2) Basis of incentives Under the program, the Secretary shall award production incentives on a per gallon basis of cellulosic biofuels from eligible enti- ties, through— (A) set payments per gallon of cellulosic biofuels produced in an amount determined by the Secretary, until initiation of the first reverse auction; and (B) reverse auction thereafter. (3) First reverse auction The first reverse auction shall be held on the earlier of— (A) not later than 1 year after the first year of annual production in the United States of 100,000,000 gallons of cellulosic biofuels, as determined by the Secretary; or (B) not later than 3 years after August 8, 2005.